(a) Except as provided in subdivision (b), if, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant, the court shall order the plaintiff to furnish, for the benefit of the moving defendant, security in such amount and within such time as the court shall fix.
§ 391.3.Order Requiring Plaintiff to Furnish Security; Order Dismissing Litigation
Title 3a. Vexatious Litigants · Last amended 2014 · Last verified July 28, 2026
In one sentenceSection 391.3 directs the court, after the hearing, to order security in an amount and time it fixes when the plaintiff is vexatious with no reasonable probability of prevailing, or to dismiss a meritless, harassing case filed by a prefiling-order plaintiff who lost counsel mid-case.
Full Text of § 391.3
(b) If, after hearing evidence on the motion, the court determines that the litigation has no merit and has been filed for the purposes of harassment or delay, the court shall order the litigation dismissed. This subdivision shall only apply to litigation filed in a court of this state by a vexatious litigant subject to a prefiling order pursuant to Section 391.7 who was represented by counsel at the time the litigation was filed and who became in propria persona after the withdrawal of his or her attorney.
(c) A defendant may make a motion for relief in the alternative under either subdivision (a) or (b) and shall combine all grounds for relief in one motion.
Plain-English Summary
Section 391.3 sets out what the court must order once it rules on a § 391.1 motion. Subdivision (a) covers the ordinary case: if the court finds the plaintiff is a vexatious litigant and there is no reasonable probability the plaintiff will prevail against the moving defendant, the court orders the plaintiff to furnish security for that defendant's benefit, in an amount and within a time the court sets.
Subdivision (b) is a narrower, harsher remedy, outright dismissal rather than a security requirement. It applies only when the litigation has no merit and was filed to harass or delay, and only when the plaintiff is already subject to a § 391.7 prefiling order, was represented by counsel when the case was filed, and became self-represented only after that attorney withdrew. Outside that specific combination, dismissal under this subdivision is not available.
Subdivision (c) requires a defendant seeking relief under either subdivision to combine all grounds into one motion rather than filing separate motions in sequence.
Frequently Asked Questions
What does the court order if it grants a security motion under this title?
Under Section 391.3(a), the court orders the plaintiff to furnish security for the moving defendant's benefit, in an amount and within a time the court fixes.
When can a court dismiss the litigation outright instead of ordering security?
Only under Section 391.3(b)'s narrow circumstances: the litigation is meritless and filed for harassment or delay, and the plaintiff is subject to a § 391.7 prefiling order, was represented by counsel at filing, and became self-represented after that attorney withdrew.
Can a defendant file separate motions for security and for dismissal?
No. Section 391.3(c) requires combining all grounds for relief in a single motion.
Amendment History
Amended by Stats 2012 ch 417 (AB 2274),s 3, eff. 1/1/2013, op. 1/1/2014.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: vexatious litigant dismissal californiaorder to furnish security vexatious litigant